Felenko Y. Contractual pecuniary liability in labor law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000023

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

16-12-2016

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis proved that the criteria of the differentiation of pecuniary liability of employees in labor law are the main factor. According to analysis of the current labor legislation the main criteria of differentiation of pecuniary liability of employees are: a) the number of subjects; b) the procedure for determining the amount of damages; c) the possibility of conclusion the contract on full pecuniary liability. It is found the legal nature of the contractual pecuniary liability of employees and it's set its essential features, also it's made the separation of mentioned liability with related legal phenomena. The author outlined the basis and conditions of contractual pecuniary liability and characterized the procedure. The research analyzed the circumstances precluding contractual pecuniary liability of the employee. It's proved the necessity of enshrining in the legislation the employer's obligations concerning with hiring and with entering into the contract of pecuniary liability. Among mentioned obligations are the obligation: firstly, to test the level of the employee's preparedness to the work in these conditions; secondly, to familiarize the employee with the necessary regulations and other documents that regulate acceptance, storage, placing of certain types of property; thirdly, with the aim to enhance the knowledge and skills of employees to conduct the theoretical and practical sessions and familiarize them with the methods and techniques of maintenance of inventory or currency values.

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